The law of the unauthorized practice of law says that it is UPL to create legal documents for others. Given this rule, why is it that paralegals are routinely used to create legal documents in law firms?
A) The rule doesn't mean create legal documents. It really prohibits non lawyers signing legal documents in place of a lawyer
B) The rule against creating legal documents for others applies to legal clinics, not other places where paralegals work.
C) The rule is an old rule and is no longer applicable.
D) Paralegals can prepare legal documents for others outside of the supervision of a lawyer so long as the paralegal is not present when the client signs the document.
Question 2
Claudio wants to apply to change his student Visa to a work permit Visa. He goes to the ABC Legal Clinic but there are no lawyers there - only paralegals. Claudio is okay with that because he can fill out the form without help. However, when he gets to the blank that says Middle Name he doesn't know what to do. Claudio doesn't have a middle name. When he asks a paralegal at the ABC Legal Clinic what to do with this blank, the paralegal
A) should not answer the question because to do so would be UPL
B) should answer the question but get the answer verified by a lawyer so that the advice is not UPL
C) should give Claudio the answer because the answer to such a question does not entail giving legal advice.
D) should get the instructions for filling out the form, circle the answer to that question and hand it to Claudio to avoid UPL
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